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16. Miscellaneous Provisions.
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<br />89-- 104877
<br />(a) flb twm Not Released. Extension of the time for payment,ormodification of amortization of the sums secured by this
<br />Deed of Tnlst granted by Lender to any successor in interest of Sarramer shalt not operate to release, in any manner. the liability
<br />of the original Borrower and Borrower`s successors in interest. Lender shail not be required to commence proceedings against
<br />such successoror refuse to extend time for paymenter etherwise rhodify amortization of the sums secured by this Deed of Trust
<br />by reason of any demands made by the original Borrower and Borrower's successors in interest
<br />(b) Lender's Power. Without affecting the liability of any ciher person liable for the payment of any obligation herein
<br />mentioned, and without affecting the lien or charge of this Deed cf;Trust upon any portion of the Property not then or theretofore
<br />released as security for the full amount of all unpaid ebligations..Lend'er may, from time to time and without notice (i) release any.
<br />person so liable, (ii) extend the maturity or alter any of the terms c£aeuauch obligations, (ill) grant other indulgences, (iv) release
<br />or reconvey, or cause to be released or reccnveyed at any time of Lendefs option any parcel, portion or all of the Property,
<br />(v) take or release any other or additional security for any. obligation herein mentioned. or (vi) make compositions or other
<br />arrangements with debtors in relation thereto.
<br />(c) Fo k"rance by Lender Not a Waiver. Any forbearani�. by Lender in. exercising any right or remedy hereunder, or
<br />otherwise afforded by applicable ;aw, shall net be a waiver of. br preclude the exercise of any such right or remedy. The
<br />procurement of insurance or the payment of taxes'trrciher flan" or charges by Lender shall not be a waiver of Lender's right to
<br />accelerate the maturity of the indebtedness secur di .y this Deed of Trust -
<br />(d)• Successors and Assigns Bound; Joint and Several, Liability; Captions. The c0enants and agreements herein con-
<br />tained shall bind, and the rights hereunder shall inure to, the-'respective successors a, d'assigns of Lender and Trustor. All
<br />covenants and agreements of Truster shall be joint and sevenA. The captions and heaCr ggs of the paragraphs of this Deed of
<br />Trust are for convenience only and are not to be used to interpret or deHr*, the provisions hereof.
<br />(e) Request for Nedca. The parties hereby request thata copy of any r Vice of default hereunder and a copy of any notice
<br />of sale hereunder be mailed to each party to this Deed of Trust at the arrk`:ress set forth above in the manner prescribed by
<br />applicable law. Except for any other. notice required under ai:ocable law to be given in another manner, any notice provided
<br />for in this Deed of Trust shall be given by mailing such notice b V zrtifed mail addressed to the other parties, at the address set
<br />forth above. Any notice provided•fdr. (n•this.Deed of Trust st-&jl be effective upon mailing in the manner designated herein. if
<br />Trustor is more than one person, notice sent to tte address set forth above shall be notice to all st ch persons.
<br />(Q Inspection. Lender may make or cause fo Fae made reasonable entries upon and inspectie ^s et She Property, provided
<br />that Lender shall give Trustor notice prior to .-nnic su;h inspad: n specifying reasonabre cause thc-- efor related to Lender's
<br />interest in the Property.
<br />(g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to naanvey the
<br />Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trucnfo Trustee.
<br />Trustee shall reconvey the Property without warranty and without char,76 to the person or persor+s Legally entitfed thereto.
<br />Trustor shall pay all costs of recordation, if any.
<br />(h) Parsonal Property; Security Agreement. As additional security for the payment of the Note T%istrr f:cq*by grants
<br />Lender under the Nebraska Uniform Commercial Code a security interest in all fixtures, equipment, and ad,r --u r .rsxaX property
<br />used in connection with the real estate or improvements located thereon, and not otherwise declared cr a part of
<br />the real estate secured hereby. This instrument shall be construed as a Security Agreement under seal mode, and the Lender
<br />shall have all the rights and remedies of a secured party under said Code in addition to the rights and remedies created under
<br />and accorded the Lender pursuant to this Deed of Trust; provided that Lender's rights and remedies under this paragraph shall
<br />be cumulative with, and in no way a limitation on, Lender's rights and remedies under any other security agreement signed by
<br />Borrower or Trustor.
<br />(i) Liens and Encumbrances. Trustor hereby warrants and represents that there is no default under the provisions of any
<br />mortgage. deed of trust, lease or purchase contract describing all or any part of the Property. or other contract, instrument or
<br />agreement constituting a lien or encumbrance against all or any part of en, Property (collectively, °brans "), existing as of the
<br />date of this Dead of Trw•st, and that any and all existing Liens remain us ince±•'.fied except as discicrAed to Lender in Trusters
<br />written disclosure of liens and encumbrances provided for herein. Truster shall timely perform all of Trustees obligations,
<br />covenant3, representations and warranties under any and all exist Ling and future Liens, shall promptly forward to Lender copies
<br />of all notices of default sent in connection with any and all existrr • or V.ure Liens, and shall not wiflr ut Lenders prior written
<br />consent in ary rrarry modify the provisions of or allow any future ads.�,ytes under any existing rxP,,rure Liens.
<br />0) Applicalion r7t'i�ayments. Unless otherwise required bylaw, sums pa,d to Lender hereunder..'ie) ding without limitation
<br />paymen% of principa, And interest insurance proceeds, room rnnation proceeds and rents and pcoflts, shall be applied by
<br />Lender to `,�Ie amounts due and a0 p; from Trustor and Borr- :3vaT ,.n such order as Lender r1_..ts sole discretion deems desirable.
<br />(k) Severabflity. If any provsvt:n of this Deed of Trust 01:rllicts with applicable lair ar is declared invalid or otherwise
<br />unenforceable, such conflict or invalidity shall not affect the other provisons of this Deed of Trust or the Note which can be
<br />given effect without the conflicting provision, and to this end the provisions. cf this Deed of Trust and the Note are declared to be
<br />severable.
<br />(1) Terms. The terms "Trustor" and "Borrower" shall 'rrri. ms both singular and plural, and when the Trustor and Borrower
<br />are the same person(s), those tennis as used in this Deed r;f`t.jst shall be interchangeable.
<br />(m) Governing Law. This DseS r:f Trust shall be goverry;tz icy a laws of the State of Nebraska.
<br />Tru}3tor has executed this Deed of Trust as of the date written
<br />Trustor (.terry G. Aldana)
<br />Trustor
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